PRINTER'S NO. 1104
No. 977 Session of 1991
INTRODUCED BY TRELLO, STABACK, CAPPABIANCA, KOSINSKI, KAISER,
GEORGE, BUSH, HERMAN, CLYMER, NAILOR, D. R. WRIGHT, DeWEESE,
GODSHALL, GRUPPO, WAMBACH, FOX, FREEMAN, BUTKOVITZ, HAYES,
COHEN, BLAUM, ANGSTADT, DeLUCA, GEIST, PISTELLA, McCALL,
MELIO, HARPER, HASAY, MAYERNIK, VROON, BELFANTI, BUNT, CLARK,
DEMPSEY, ITKIN, KRUSZEWSKI, LaGROTTA, STISH, VEON, WOGAN,
JOHNSON, BARLEY, NOYE, O'BRIEN, STEIGHNER, TANGRETTI, ADOLPH,
CARLSON, LUCYK, GIGLIOTTI, RAYMOND AND E. Z. TAYLOR,
APRIL 3, 1991
REFERRED TO COMMITTEE ON MILITARY AND VETERANS AFFAIRS,
APRIL 3, 1991
AN ACT
1 Providing compensation to certain persons who served in the
2 armed forces of the United States or of any of her allies
3 during Operation Desert Shield or Operation Desert Storm;
4 providing the method of making payment to representatives of
5 persons who, because of death or incapacity, cannot
6 personally receive compensation; imposing certain duties on
7 the Adjutant General; providing penalties; and making an
8 appropriation.
9 TABLE OF CONTENTS
10 Section 1. Short title.
11 Section 2. Definitions.
12 Section 3. Computation of compensation.
13 Section 4. Application for compensation.
14 Section 5. Persons to whom payments shall be made in case of
15 death or mental incapacity or missing in action.
16 Section 6. Applicant to designate beneficiaries.
17 Section 7. Exemption from attachment, etc.
1 Section 8. Digest and explanation of act.
2 Section 9. Ascertainment of service.
3 Section 10. False or fraudulent statements.
4 Section 11. Administration of act.
5 Section 12. Payment.
6 Section 13. Referendum.
7 Section 14. Appropriation.
8 Section 15. Effective date.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title.
12 This act shall be known and may be cited as the Persian Gulf
13 Conflict Compensation Act.
14 Section 2. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Eligible soldier." Any member of the armed forces of the
19 United States who served or is currently serving in the Persian
20 Gulf Theater of Operations or who was called to active duty as a
21 result of Operation Desert Shield or Operation Desert Storm. The
22 term but does not include the following:
23 (1) An individual who at any time during such periods or
24 thereafter was separated from such forces under other than
25 honorable conditions.
26 (2) An individual who has renounced his United States
27 citizenship.
28 "Legal resident of this Commonwealth." Any individual who
29 gave Pennsylvania or any specific place in this Commonwealth as
30 his or her place of residence or home address when entering the
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1 armed forces of the United States without regard to the place of
2 enlistment, commission or induction; or any individual who was a
3 member of a National Guard or reserve component situate in this
4 Commonwealth and who is a resident of this Commonwealth. The
5 proof of residence shall be either the official records of the
6 United States or such other evidence of bona fide residence as
7 may be deemed sufficient by the Adjutant General of
8 Pennsylvania.
9 Section 3. Computation of compensation.
10 Compensation shall be payable under this act only to an
11 eligible soldier who was a legal resident of this Commonwealth.
12 Compensation shall be computed on the basis of $250 for every
13 month, or major fraction thereof, of active service as an
14 eligible soldier or for every month spent in military hospitals
15 as a result of service-connected wounds, diseases or injuries
16 sustained or acquired while serving as an eligible soldier. The
17 compensation of an eligible soldier who died in active armed
18 forces duty as a result of any disease, wound or injury incurred
19 while serving as an eligible soldier or of those missing in
20 action who have not been declared dead or captured shall be
21 $10,000.
22 Section 4. Application for compensation.
23 (a) Application forms.--Applications for compensation shall
24 be made to the Adjutant General on forms and in the manner as he
25 shall prescribe.
26 (b) Method of applications.--All applications shall be made
27 personally by the eligible soldier. If the eligible soldier is
28 dead, mentally incompetent or missing in action, the application
29 shall be made by such representative of the eligible soldier as
30 the Adjutant General shall by regulation prescribe.
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1 Section 5. Persons to whom payments shall be made in case of
2 death or mental incapacity or missing in action.
3 (a) Priority of payment.--If, prior to the date of
4 distribution of compensation under this act, an eligible soldier
5 entitled to compensation dies or is determined to be legally
6 dead by the Federal authorities under any act for the payment of
7 Federal benefits or becomes mentally incapable of receiving his
8 or her compensation, payment shall be made by the Adjutant
9 General without proceedings in this Commonwealth as follows:
10 (1) In case of mental incapacity, to the guardian or
11 committee, if any, of the eligible soldier, or in case of an
12 eligible soldier who is hospitalized in a Federal, State or
13 county institution for mental or nervous diseases upon order
14 of the Adjutant General, without regard to the residence of
15 the eligible soldier, to the person or persons who would be
16 entitled thereto under the provisions of this act if the
17 eligible soldier were deceased, and, in the absence of any
18 such claimant, to the superintendent, manager or person in
19 charge of such Federal, State or county institution to be
20 expended for the clothing and incidental needs of the
21 eligible soldier. No part of the compensation shall be paid
22 to any State or county institution for the maintenance of the
23 eligible soldier. A statement from the manager,
24 superintendent or person in charge of any Federal, State or
25 county institution wherein the eligible soldier is a patient
26 shall be admitted in evidence to determine the mental
27 condition of the eligible soldier. The statement shall set
28 forth that the eligible soldier, due to the eligible
29 soldier's weakness of mind, is likely to dissipate such funds
30 as may be due him under the provisions of this act and is apt
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1 to become the victim of designing persons.
2 (2) In the case of death or those missing in action who
3 have not been declared dead or captured, to the following
4 persons in the order named: surviving spouse or unremarried
5 surviving spouse if the spouse or surviving spouse was living
6 with the eligible soldier at the time of the eligible
7 soldier's death or departure, or, if not living with the
8 eligible soldier at the time of the eligible soldier's death
9 or departure or if it is established to the satisfaction of
10 the Adjutant General that the living apart was not due to the
11 applicant's willful act and that the applicant was actually
12 dependent upon the eligible soldier at the time of the
13 eligible soldier's death or departure or at any time
14 thereafter and before the final payment is made by the
15 designated authorities, or surviving minor child or surviving
16 minor children, share and share alike, or surviving mother
17 and/or surviving father.
18 (b) Definitions.--As used in this section, the following
19 words and phrases shall have the meanings given to them in this
20 subsection:
21 "Child." Includes an adopted child.
22 "Mother" and "father." Includes mothers and fathers through
23 adoption and persons who have for a period of not less than one
24 year acted in the capacity of a foster parent to the eligible
25 soldier immediately prior to the eligible soldier having
26 attained 18 years of age.
27 Section 6. Applicant to designate beneficiaries.
28 Every person making application for compensation, as herein
29 provided, shall set forth in the application the names and
30 addresses of all persons who under this act would be entitled to
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1 receive compensation in the event of the death of the applicant,
2 and, if the applicant dies before the payment of the
3 compensation, the application shall be deemed to inure to the
4 benefit of the person or persons next entitled thereto, and
5 payments shall be made to such person or persons upon proof of
6 identity satisfactory to the Adjutant General. If all persons
7 designated in this act as entitled to compensation die before
8 payment thereof, the right to the compensation shall cease and
9 determine. Application for compensation made on behalf of minor
10 children shall be made by the duly appointed guardian of such
11 children or by any person who stands in loco parentis to the
12 minor children, and payments shall be made to the guardians or
13 persons in loco parentis.
14 Section 7. Exemption from attachment, etc.
15 No sum payable under this act to an eligible soldier or to
16 any other person shall be subject to attachment, levy or seizure
17 under any legal or equitable process and shall be exempt from
18 all State taxation. No right to compensation under the
19 provisions of this act shall be assignable, except as
20 hereinafter provided, or serve as a security for any loan. Any
21 assignment or loan made in violation of the provisions of this
22 section shall be held void. Assignments to any group or
23 organization of veterans, incorporated or unincorporated, or to
24 any nonprofit corporation heretofore formed solely for aiding
25 disabled or incapacitated veterans and assignments to the State
26 Veterans' Commission shall be valid. The State Veterans'
27 Commission is hereby authorized to accept the assignments which
28 shall be treated as confidential, and the funds realized from
29 them shall be expended by the commission solely for the aid of
30 needy eligible soldiers and their families. Except as provided
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1 in this section, the Adjutant General shall not direct the
2 payment nor shall payment be made under this act to any person
3 other than an eligible soldier or the representatives of an
4 eligible soldier.
5 Section 8. Digest and explanation of act.
6 (a) Preparation of pamphlets.--The Adjutant General shall,
7 as soon as practicable after the approval of this act, prepare
8 and publish a pamphlet or pamphlets containing a digest and
9 explanation of the provisions of this act, accompanied by
10 statements which he believes may be of assistance to the
11 eligible soldiers in filing their applications and shall, from
12 time to time, prepare and publish any additional or
13 supplementary information as may be found necessary.
14 (b) Distribution of pamphlets.--The pamphlet or pamphlets
15 shall be distributed in a manner determined by the Adjutant
16 General to be most effective to inform eligible soldiers of
17 their rights under this act. The Adjutant General shall enlist
18 as far as possible the services of veterans' organizations in
19 this Commonwealth in the dissemination of such information.
20 Section 9. Ascertainment of service.
21 Immediately upon the passage of this act, the Adjutant
22 General shall ascertain the individuals who are eligible
23 soldiers and, as to each eligible soldier, the number of months
24 of service provided in section 3 for which the eligible soldier
25 is entitled to receive compensation. The Adjutant General's
26 decisions shall be final and not subject to review by any court
27 or by any other officer. In all cases not within the express
28 purview of this act, the decision of the Adjutant General as to
29 payment or nonpayment of compensation or eligibility therefor
30 shall be in all things final.
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1 Section 10. False or fraudulent statements.
2 A person who knowingly makes any false or fraudulent
3 statement of a material fact in any application, certificate or
4 document made under the provisions of this act, or of any
5 regulation made by the Adjutant General in administering this
6 act, commits a misdemeanor of the third degree and shall, upon
7 conviction, be sentenced to pay a fine of not more than $1,000
8 or to imprisonment for not more than five years, or both.
9 Section 11. Administration of act.
10 (a) Duties of Adjutant General.--For the purpose of carrying
11 into effect the provisions of this act, the Adjutant General is
12 charged with the administration of this act, and for that
13 purpose he shall prepare and distribute application blanks,
14 investigate all claims and applications filed with him and, if
15 satisfied with the proof of such claim or application, approve
16 the same and direct payment thereof, and shall make any
17 regulation necessary for the efficient administration of this
18 act.
19 (b) Files and records.--The books, papers and records,
20 together with the filing cases and equipment procured and used
21 in the administration of this act, shall become a part of the
22 permanent records of the office of Adjutant General.
23 (c) Printing.--All printing necessary to carry out the
24 provisions of this act shall be done by the Department of
25 General Services on the requisition of the Adjutant General.
26 (d) Staff and salaries.--The Adjutant General may employ the
27 necessary clerical help and fix their salaries and pay for
28 postage and other expenses incurred in the administration of
29 this act. In all appointments under this act, preference shall,
30 so far as practicable, be given to eligible soldiers as defined
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1 in this act.
2 (e) Oaths and affirmations.--Employees of the Department of
3 Military Affairs of the Commonwealth, whose specific duty is to
4 aid and assist eligible soldiers and their spouses, children and
5 dependents in the prosecution of claims before the Department of
6 Veterans Affairs or other branch of the Federal Government, are
7 hereby authorized and empowered to administer oaths and
8 affirmations in all matters pertaining to and concerning such
9 claims.
10 Section 12. Payment.
11 (a) State Treasurer.--The compensation payable under this
12 act shall be paid by the State Treasurer from the Persian Gulf
13 Conflict Compensation Fund, to be created with funds realized
14 from a proposed bond issue, if and when approved pursuant to
15 section 7(a)(3) of Article III of the Constitution of
16 Pennsylvania, upon requisition by the Adjutant General.
17 (b) Payments.--Payments under this act shall be made as soon
18 as possible after funds are available.
19 (c) Compensation.--Compensation paid under section 3 for
20 hospitalization in military hospitals outside of the Persian
21 Gulf Theater of Operations shall be paid from the Persian Gulf
22 Conflict Compensation Fund if and when approved by the
23 electorate.
24 Section 13. Referendum.
25 The question whether the debt of $7,500,000 shall be incurred
26 shall be submitted to the electors at the next Statewide
27 election to be held in this Commonwealth after the question has
28 been published by the Secretary of the Commonwealth in at least
29 two newspapers in every county where two are published, which
30 publications shall occur two months before the election.
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1 Section 14. Appropriation.
2 For the purpose of paying for the compensation to eligible
3 soldiers, clerical services, postage and other necessary
4 expenses incurred by the Adjutant General in the administration
5 of this act, the sum of $7,500,000, or as much thereof as may be
6 necessary, is hereby appropriated to the Department of Military
7 Affairs.
8 Section 15. Effective date.
9 This act shall take effect immediately.
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